37 CFR 401.7 - Small business preference.

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§ 401.7

Small business preference.

(a) Paragraph (k)(4) of the clauses at § 401.14 Implements the small business preference requirement of 35 U.S.C. 202(c)(7)(D). Contractors are expected to use efforts that are reasonable under the circumstances to attract small business licensees. They are also expected to give small business firms that meet the standard outlined in the clause a preference over other applicants for licenses. What constitutes reasonable efforts to attract small business licensees will vary with the circumstances and the nature, duration, and expense of efforts needed to bring the invention to the market. Paragraph (k)(4) is not intended, for example, to prevent nonprofit organizations from providing larger firms with a right of first refusal or other options in inventions that relate to research being supported under long-term or other arrangements with larger companies. Under such circumstances it would not be resonable to seek and to give a preference to small business licensees.

(b) Small business firms that believe a nonprofit organization is not meeting its obligations under the clause may report their concerns to the Secretary. To the extent deemed appropriate, the Secretary will undertake informal investigation of the concern, and, if appropriate, enter into discussions or negotiations with the nonprofit organization to the end of improving its efforts in meeting its obligations under the clause. However, in no event will the Secretary intervene in ongoing negotiations or contractor decisions concerning the licensing of a specific subject invention. All the above investigations, discussions, and negotiations of the Secretary will be in coordination with other interested agencies, including the Small Business Administration; and in the case of a contract for the operation of a government-owned, contractor operated research or production facility, the Secretary will coordinate with the agency responsible for the facility prior to any discussions or negotiations with the contractor.

Title 37 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

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2013-01-23; vol. 78 # 15 - Wednesday, January 23, 2013

78 FR 4764 - Redelegations of Authority Resulting From the America COMPETES Act

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Additional Documents

type	regulations.gov
FR Doc.	2012-27466
RIN	0693-AB60
Docket No.	080723893-2238-01

DEPARTMENT OF COMMERCE, National Technical Information Service, National Institute of Standards and Technology, Under Secretary for Technology

Final rule.

This rule is effective on January 23, 2013. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 23, 2013.

15 CFR Chapter II, Parts 272 and 273

Summary

The Under Secretary of Commerce for Standards and Technology, U.S. Department of Commerce, issues a final rule that amends regulations to reflect the abolishment of the Technology Administration and the resulting redelegations of authority.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 35 - PATENTS

§ 206 - Uniform clauses and regulations

Title 37 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 401 after this date.